General Terms and Conditions of Sale
The general terms and condition of sale of wines and spirits (the “Products”) published on the website www.etilika.it (the “Website”) of Digital Wines S.r.l. (the “Seller”), constitutes an integral part of the sale agreement (the “Agreement”) with the Customer (as defined below). Any user browsing the Website (the "User") is invited to read the Agreement before completing any order for the purchase of Products on the Website (the “Order"); by sending an Order the User accepts the Agreement. Any amendment to the Agreement will become effective immediately upon publication on the Website and apply to all subsequent Orders.
Acceptance of an order- Sale Agreement
The technical steps to place an Order are highlighted in the sequence of pages of the Website, through explanatory texts and graphics. By clicking on "Completa l’acquisto" on the last page of the checkout phase, the Customer will make a contractual proposal to the Seller on the items contained in the virtual "basket". The receipt of the Order does not constitute acceptance by the Seller of the sale contractual proposal. To complete the Order it is necessary that:
- the Customer reads and accepts, by check box, the general conditions of sale;
- the Customer fills out, in electronic format by entering all the required data, the Order form (the “Order Form”) containing a summary of the essential characteristics of each Product selected; the price of each Product selected and the total purchase price; the KIND of payment chosen by the Customer; the delivery option selected; the shipping, delivery and return costs; the terms to exercise the right of withdrawal of the Customer and for the application of the legal guarantee of conformity; the estimated delivery times; the methods and terms for returning the purchased Products;
- the price of the Products purchased by the Customer, including shipping and delivery costs (where applicable), is paid by the Customer;
- the Order Form is received by the Seller;
- the Seller receives the Order Form.
By sending of the Order the Customer acknowledges and agrees to pay the purchase price. After the electronic submission of an Order, the Customer will receive an email confirming the receipt of the Order. Such communication is intended to inform the Customer that the Order has been received and to provide him/her with the Order identification number and does not in any way imply acceptance of the Order by the Seller. If one or more data reported in the email is incorrect, the Customer shall promptly notify to the Seller's customer service (the “Customer Service”) at firstname.lastname@example.org. The acceptance of the Order by the Seller will take place only when the Seller sends the Customer the confirmation of acceptance of the Order (the “Order Confirmation”), which usually occurs when the Products are shipped. The relevant Agreement shall be deemed to have been executed upon receipt of the Order Confirmation by the Customer. Before the Order Confirmation is sent, the Seller reserves the right not to accept an Order at its discretion. In particular, the Seller shall not be liable, for any reason, in the event that an ordered Product is removed from the Website after the relevant Order has been placed. In fact, it may happen that the Website displays, by mistake, Products not available at the moment. In case of partial unavailability of the Order, the Customer Service will contact the Customer to verify his willingness to (i) receive a partial Order; (ii) receive the complete Order in several shipments; or (iii) cancel the Order. In case of total unavailability of the Order, instead, the Customer Service will contact the Customer to inform him/her that the Order cannot be processed and will cancel the relevant Order. In this case, no charge will be made to the Customer.
Payment can be made using the following payment methods (the “Payment Methods”): credit cards, bank transfer, cash on delivery or by PayPal account. Credit, debit or prepaid cards of the Visa, MasterCard, American Express, Postepay circuits are accepted. The Seller will debit the purchase price, as defined below, upon acceptance of the Order. However, at an earlier stage prior to the acceptance of the Order, security checks may be carried out on the Payment Method chosen by the Customer for the Order, for instance, pre-authorization or pre-debiting for precautionary purposes. In order to ensure security in credit card transactions, the Seller uses a primary payment gateway to authorize payment of Orders (“Payment Gateway”); consequently, the Seller does not directly manage any financial information relating to the Payment Method used by the Customer, nor does the Website process any financial information provided for the completion of the Order. Only after the transaction has been completed, the Payment Gateway communicates to the Seller the outcome of the payment, without providing any financial information. The Payment Gateway protects the details of the credit or debit card used by encrypting sensitive information to ensure that they are transmitted in a safe way. The Website uses Secure Socket Layer (SSL) technology to ensure a higher standard of security on each Order. In the unlikely event of an error, negligence or tort relating to the management of the transaction related to an Order by the Payment Gateway and payment brokerage systems, the Seller shall not be liable for such error, negligence or tort. The Seller reserves the right to cancel a transaction and to cancel the relevant Order if fraudulent use of the Payment Method adopted for the Order is reported. Furthermore, the Seller shall not be liable in the event of any misuse of a Payment Method by a third party that is not attributable to its error or negligence.
Shipping and Delivery
The Seller accepts Orders with delivery exclusively on the Italian territory, including islands, and San Marino and Vatican City. The Seller ships and delivers Orders using an express courier service. The Seller undertakes to deliver the Orders to the Customers, in compliance with the delivery terms indicated on the Website at the time of purchase (24/48 working hours throughout Italy with the exception of the islands where delivery times may be slightly longer) and, in any case, within 30 days from the date the Order Confirmation is sent to the Customer. The Order Confirmation is sent to the Customer when the Products are delivered to the courier for shipment. In certain circumstances, such as, by way of example, periods of sales or company closure, delivery times may vary. The Seller shall not be held liable for delays in delivery that are not attributable to its fault or negligence. Therefore, the Seller will not be liable for delays due to force majeure, strikes, natural disasters and any other facts relating to the provision of courier services or any other circumstances beyond Seller's control. The Order Confirmation indicates the tracking number that the Customer may use to monitor the shipping and delivery process of the Products on the courier's website. The Customer is invited to do everything in its power to facilitate the delivery of the Order, making itself available for receipt. The courier will make a first attempt to deliver the Order to the address indicated by the Customer. If the delivery is unsuccessful, the courier will inform the Customer of the delivery attempt and will try to agree with the Customer on a further delivery of the Order. In the event that the courier definitively fails to deliver the Order, the Customer Service will contact the Customer to verify his interest in a new shipment. At the time of delivery, the Customer must verify the accuracy of the number of packages and the integrity of the outer packaging. If the Customer finds anomalies in the delivery, for example with reference to the number of packages or in the presence of damage to the outer packaging, the Customer shall sign the delivery document of the courier with reservations and contact the Customer Service. If the Customer fails to do so, the Customer may not subsequently make further objection to any dispute regarding the delivery, except as provided for in Article 7 below in cases of hidden defects and in compliance with the Consumer Code. In case of non-delivery of the Products within the terms indicated, the Customer must inform the Seller who will check with the courier the status of the shipment and any defect. In the event of loss or destruction during the shipping of the package containing the Product(s) purchased by the Customer, the Seller will re-ship the Product, subject to availability, or refund the Order. The Customer may contact the Customer Service at email@example.com. The Seller cannot guarantee that the Products purchased at the same time will be delivered with a single shipment, nor that any different shipments will reach their destination at the same time. By selecting a different place of delivery, prices, general conditions and availability of the items may change. For further information, please refer to the section “Shipments and Returns”.
All prices published on the Website are inclusive of VAT (the “Prices”). For information on shipping costs of the Orders (the “Shipping Costs”), Customer should refer to the “Shipping and Returns” section on the Website. The amount of Shipping Costs (if due), including VAT, will be visible in the Order summary during the checkout procedure and will be reported in the Order Confirmation sent to the Customer following acceptance of the Order. Any changes to the Prices of the Products will be effective from the date of publication of the new Prices on the Website, without retroactive effect on Orders already accepted by sending the Order Confirmation. Except in the case of a recognizable error pursuant to art. 1431 of the Italian Civil Code, the Seller reserves the right not to accept an Order if the Price published on the Website or indicated in the email sent to confirm the receipt of the Order is incorrect, i.e. the before acceptance of the same by the Seller.
During promotional campaigns, the Seller may provide Customers with vouchers and discount codes for the purchase of Products exclusively on the Website. The vouchers are issued in the form of an alphanumeric code and their value in Euro is established at the Seller's complete discretion. The voucher may be entered by the Customer in the appropriate "voucher" field when placing the Order. The amount of the voucher will be automatically deducted before payment from the total amount of the Order, excluding any shipping costs. Vouchers and discount codes issued by the Seller are neither refundable nor cumulative.
Non-compliant products - Legal warranty
Without prejudice to the provisions of art. 4 above, the Seller assumes responsibility for any original defect of the Products. The Seller guarantees that the Products are not defective and that they:
- are appropriate for the purpose for which goods of the same kind are normally used;
- comply with the description provided on the Website and have the same qualities of the Products provided to the Customer as a sample, if any;
- possess the usual quality and performance of goods of the same type, which the Customer can reasonably expect, considering the nature of the goods.
For technological reasons, the Seller cannot guarantee that the display of colours on the screen will always be accurate. Marginal differences between the description of the Product on the Website and the actual characteristics of the Product will not be considered as a defect of the Product for the purposes of this Agreement. The warranty of conformity of the Products sold on the Website has a duration of 2 years from the date of receipt of the Products by the Customer. The rules set out in articles 129, 130 and 132 of the Consumer Code apply to the sale of the Products. In the event that a Product that does not comply with the Agreement is delivered, the Customer shall notify the Seller, under penalty of forfeiture, of any defect of the Products within 60 days as of the date on which he/she discovered the defect by sending an e-mail to the address: firstname.lastname@example.org. After receiving the notification from the Customer, the Seller will contact the Customer to directly agree with him/her on how to collect the Products. Shipping Costs will be borne by the Seller. The simple receipt of the Products by the Seller after the activation of this procedure does not imply, in any way, the acknowledgment of the defect of the Products by the Seller, who will proceed with ta carful verification of the returned Product. If the Product is found to be defective, the Seller will send the Customer a purchase voucher, for an amount equal to the purchase price of the defective Product, to be used, at the Customer's choice, to replace the Product with a Product of the same kind originally purchased or to choose a different Product to the next Purchase Order. The action to enforce the hidden defects is in any case prescribed within twenty-six months from the delivery of the Product.
Return of Products- Withdrawal
Within 14 days from the date of delivery of the Order, the Customer has the right to withdraw from the Agreement, without penalty, for any reason and for no reason, and return the Product (“Withdrawal”). To this end, the date of delivery of the Products resulting from the delivery tracking system provided by the courier on its website will be the date of delivery to verify compliance with the above 14-day’s term. The Customer shall notify the Seller in advance by contacting the Customer Service at email@example.com. If the Customer chooses to contact the Customer Service for returns, the same shall specify the identification code of the Order included in the Order Confirmation. The Customer may only return an Orders that have already been delivered to the Customer according to the tracking system provided by the courier. On the return form will be pre-filled by the Seller; the Customer must verify that data are correct and, in any case, make sure that the form bears the identification number of the Order, and return it to the Seller. Within the return form, the Customer may indicate the reason for the return and any additional notes, if any. After receiving the complete return receipt, the Seller will notify receipt of the form to the Customer. And authorize the return of the Products (the “Return Acceptance”). The Return Acceptance may, however, be denied if the Seller verifies that the conditions for the Withdrawal are not met, by way of example when more than 14 days have elapsed from the date of delivery of the Products to the Customer. The burden of proof of the timely and correct Withdrawal stays with the Customer. Within 14 days from the date of receipt of the Return Acceptance the Customer shall send the goods to the Seller. The shipping costs of returns in case of Withdrawal will be fully borne by the Customer. In particular: (i) the returned Products must be returned with all labels, security seals, packaging and accessories (e.g. case) received with the Order; (ii) the Products, labels, security seals, packaging and accessories shall not have any signs of use or scratches or alteration and shall be returned in the same condition in which they were sent by the Seller and in their original internal packaging. Therefore, the Purchase Price and Shipping Costs will not be refunded in relation to: (i) Products from which the security seal has been removed or cut; and/or (ii) Products that have been used, Products that are missing parts, cases or accessories, ruined, damaged or deteriorated. Any sign of use on the packaging and/or on the cork of the returned bottles could exclude the refund or replacement of the Product. If the requirements for the exercise of the right of Withdrawal have been met, the Seller will refund the Purchase Price and any Shipping Costs incurred by the Customer at the time of purchase (“Refund”). The Seller undertakes to carry out the Refund procedure described above within 14 days from the date of receipt of the returned Products. The Refund will be made through the same payment method used by the Customer for the Order, unless expressly agreed otherwise with the Customer and provided that the Customer does not incur any costs as a result of the Refund. In the event that the Customer has returned the Products in absence of the conditions for Withdrawal, the Customer shall not be entitled to any right of Withdrawal. In such circumstance, the Seller will return the Product to the Customer, after verifying its availability to receive it, reserving the right to charge the Customer for any further Shipping Costs for re-delivery of the Products. After multiple Withdrawals or Returns by a Customer, the Seller may decide whether or not to accept an Order from the same Customer. Customers shall send the Products for return from the same place to which the Products have been delivered.
Applicable law and disputes
This Agreement is governed by Italian law. All disputes relating to this Agreement shall be of the jurisdiction of the Court of the place of domicile or residence of the Customer according to the applicable law or, at the choice of the Customer, of the Court of Rome. This is without prejudice to the possibility of promoting the out-of-court settlement of disputes, as provided for by articles 66 and 141 of the Consumer Code.
Communications and claims
For any communication, information or claims related to an Order or on these general terms and conditions of sale, the Customer may contact the Customer Service by email at: firstname.lastname@example.org.
In this Agreement, the singular form includes the plural form and vice versa, based on context. No waiver by Seller to exercise remedies for a breach of this Agreement implies a waiver of any previous or subsequent breach of any provision included in the Agreement. If any provision of this Agreement is held to be unlawful, void or ineffective for any reason, such provision shall be deemed severable from the other provisions of this Agreement and shall in no way affect the validity and enforceability of the remaining provisions of the Agreement.